The UK Gambling Commission (UKGC) issued a note to businesses that operate in the local gambling market addressing the concerns of such companies related to the new data protection legislation. The Commission reminded that the General Data Protection Regulation (GDPR) is to be enacted on May 25th 2018 both in the UK and in the European Union (EU) and shared that it would help operators’ ability to meet their licensing duties.
The major gambling regulatory body in the UK further explained that the new piece of data protection legislation comes to guarantee an improved personal data protection by demanding that operators must take further actions in terms of accountability for their use of personal data. The GDPR also seeks to add to the individuals’ existing rights.
The UK Gambling Commission explained that the GDPR was not intended to prevent gambling companies from taking steps that were in the best public interest, or were necessary to operators to comply with local regulatory authorities’ requirements.
Under the provisions of the General Data Protection Regulation, gambling companies are to be obliged to pay extra attention to the danger they could put players into, and to make sure they take all possible measures to reduce those risks.
Still, the new piece of legislation is based on the foundations of the existing data protection laws which have been in place for more than two decades. In fact, the fundamentals of the GDPR remain the same as the ones of the existing law, which demand that companies must guarantee safety, fairness and transparency to their customers.
New GDPR Regulation to Be Carried Out by ICO
The regulation of the new piece of legislation and the provision of guidance on it would be carried out by the Information Commissioner’s Office (ICO). Both the ICO and the UKGC recognise the need of effective use of personal data in order for finding a solution to various problems such as gambling addiction and gambling-related crime. The Information Commissioner’s Office would be also providing guidance on the new piece of legislation for the purposes related to complying with regulatory license requirements and achieving the licensing objectives.
A number of changes to the current data protection legislation are to be brought by the General Data Protection Regulation, including certain improvements being made to the way personal data must be managed by gambling operators.
The GDPR’s provisions are to also include legal definition of “consent” and indication of consent, which must be unambiguous and needs to involve a clear action of affirmation. Other issues related to consent, such as consent withdrawal, are also included in the new piece of legislation.
Moreover, the new data protection legislation is set to provide for a number of lawful circumstances that are especially designed to allow processing of personal data. In addition, the GDPR is to be enacted as part of the authorities’ efforts to tackle problem gambling and prevent money laundering.